Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Revelyst, Inc.), Stock Purchase Agreement (Outdoor Products Spinco Inc.), Stock Purchase Agreement (Outdoor Products Spinco Inc.)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified PartiesPersons, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseeswho shall be third party beneficiaries for purposes of such Section.
Appears in 3 contracts
Samples: Merger Agreement (Symantec Corp), Merger Agreement (Symantec Corp), Merger Agreement (Altiris Inc)
Third Party Beneficiary Rights. No Except as provided in Section 5, no provisions of this Agreement agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseeshereto.
Appears in 3 contracts
Samples: Services Agreement (Presbia PLC), Services Agreement (Presbia Ireland, LTD), Services Agreement (Environmental Solutions Worldwide Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Parties and Article 12 11 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (Wright Medical Group N.V.), Merger Agreement (MINDBODY, Inc.)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 11 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 3 contracts
Samples: Merger Agreement (Datameg Corp), Merger Agreement (Datameg Corp), Merger Agreement (Intermix Media, Inc.)
Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantstockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 3 contracts
Samples: Merger Agreement (Keynote Systems Inc), Registration Rights Agreement (Oni Systems Corp), Merger Agreement (Keynote Systems Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article 8 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesBuyer Indemnities.
Appears in 2 contracts
Samples: Share Purchase Agreement (Wave Systems Corp), Share Purchase Agreement (Phoenix Technologies LTD)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder shareholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 11 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 2 contracts
Samples: Share Purchase Agreement (Medigus Ltd.), Share Purchase Agreement (ParaZero Technologies Ltd.)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder or partner of any party hereto Party or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 2 contracts
Samples: Transition Services Agreement (Trident Microsystems Inc), Share Exchange Agreement (Trident Microsystems Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (GigOptix, Inc.), Merger Agreement (IntraLinks Holdings, Inc.)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is the provisions of Article 11 are intended to benefit create third party beneficiary rights for the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesAtom Shareholders.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Macromedia Inc), Agreement and Plan of Reorganization (Macromedia Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except provided, however, that Section 7.4 3.3 is intended to benefit the Company Indemnified Released Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Live Current Media Inc.), Note Cancellation Agreement (Live Current Media Inc.)
Third Party Beneficiary Rights. No Except as expressly provided in Section 7.10 or as otherwise provided herein, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 2 contracts
Samples: Merger Agreement (Everest Merger Sub, Inc.), Merger Agreement (Sport Chalet Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except provided that Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 9 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesSecurityholder Indemnified Persons.
Appears in 2 contracts
Samples: Merger Agreement (Vonage Holdings Corp), Merger Agreement (Vonage Holdings Corp)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third third-party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliatepartner, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit . Notwithstanding the Company Indemnified Partiesforegoing, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.Section
Appears in 1 contract
Samples: Merger Agreement
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 10 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Buyer Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesSeller Indemnified Persons, respectively.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 (a) Article 2 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.Securityholders; (b)
Appears in 1 contract
Samples: Merger Agreement (Symantec Corp)
Third Party Beneficiary Rights. No Except as contemplated by Section 6.5(c), no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Samples: Merger Agreement (Stratagene Corp)
Third Party Beneficiary Rights. No None of the provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except provided, however, that (a) Article 9 is intended to benefit the Indemnified Parties and (b) Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Samples: Merger Agreement (Ellie Mae Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article X is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article IX is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Samples: Merger Agreement (Network Equipment Technologies Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, stockholder Stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Samples: Merger Agreement (Saba Software Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article IX is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Samples: Acquisition Agreement (Amn Healthcare Services Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseesset forth herein.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Article Parties and ARTICLE 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Samples: Merger Agreement (Macrovision Corp)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 for so long as the Merger Agreement remains in full force and effect, this Agreement is intended to benefit Parent and Parent shall have the right to enforce as a third party beneficiary the rights of the Company Indemnified Parties, Article 12 is intended to benefit and obligations of the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPurchasers under this Agreement.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (ARCA Biopharma, Inc.)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 5.2 is intended to benefit the Company Indemnified Parties, Parties and Article 12 9 is intended to benefit the Acquiror Acquirer Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Samples: Merger Agreement (Harte Hanks Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is the provisions of Article 12 are intended to benefit create third party beneficiary rights for the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesShareholders.
Appears in 1 contract
Samples: Merger Agreement (Interwoven Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Persons and Article 12 11 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Samples: Merger Agreement (Symantec Corp)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any clientEncumbrance, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, and all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 is intended to for the provisions of Article X (which, from and after the Closing, shall be for the benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseesof each Indemnitee).
Appears in 1 contract
Samples: Asset Purchase Agreement (Macrovision Solutions CORP)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, stockholder Shareholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that that, Section 7.4 7.5 is intended to benefit certain employees of the Company, Section 11.11 is intended to benefit certain directors and officers of the Company, and Articles 2 and 3 are intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons Shareholders and Section 6.11 is intended to benefit the Releaseesholders of Company Options.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 9 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder member, stockholder, manager or partner of any party Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; , except that Section 7.4 7 is intended to benefit the Company Purchaser Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Samples: Membership Interest and Asset Purchase Agreement (Greenidge Generation Holdings Inc.)
Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantstockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is the provisions of Article 12 are intended to benefit create third party beneficiary rights for the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesKendara Stockholders.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (At Home Corp)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third third-party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliatepartner, stockholder or partner of any party hereto or any other Person person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseesherein.
Appears in 1 contract
Samples: End User License Agreement
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, stockholder Shareholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Parent Indemnified Parties, Article 12 Persons and Section 6.5 is intended to benefit certain employees of the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesCompany.
Appears in 1 contract
Third Party Beneficiary Rights. No Except as provided for in Section 2.2(c)(ii) and Section 6.4 and with respect to the rights of Company Securityholders to receive the consideration described in this Agreement, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Samples: Merger Agreement (Mgi Pharma Inc)
Third Party Beneficiary Rights. No provisions of this Agreement ------------------------------ are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantmember, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Samples: Merger Agreement (Pemstar Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesSeller Indemnified Persons.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions of this Agreement or any Ancillary Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, shareholder or stockholder or partner of any party hereto or thereto or any other Person unless specifically provided otherwise herein or therein and, except as so provided, all provisions hereof shall and thereto will be personal solely between the parties to this AgreementAgreement or the Ancillary Agreements; except that Section 7.4 is the provisions of Article 10 are intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
Appears in 1 contract
Samples: Purchase Agreement (Verisign Inc/Ca)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder or stockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that (i) Section 7.4 6.7 is intended to benefit the officers and directors of Company Indemnified Parties, Article 12 and (ii) Section 11 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesParties.
Appears in 1 contract
Samples: Merger Agreement (Adaptec Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in in, or deemed to have been executed for the benefit of, any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto Party or any other Person unless specifically provided otherwise herein andthat is not a Party hereto or a successor or permitted assign of such Party, except as so provided, and all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Samples: Stock Purchase Agreement (Quince Therapeutics, Inc.)
Third Party Beneficiary Rights. No Except as is set forth in Section 5.10, none of the provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
Appears in 1 contract
Third Party Beneficiary Rights. No provisions This Agreement shall be binding upon and inure solely to the benefit of each party hereto and its successors and permitted assigns and nothing in this Agreement are intended, nor is intended to or shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or confer upon any other Person unless specifically provided otherwise herein andany legal or equitable rights, except as so provided, all provisions hereof shall be personal solely between the parties to benefits or remedies of any nature whatsoever under or by reason of this Agreement; except that Section 7.4 Article 8 is intended to benefit the Company Purchaser Indemnified Parties, Article 12 Parties and the Seller Indemnified Parties and Section 10.16 is intended to benefit the Acquiror Indemnified Persons Purchaser’s Affiliates, directors, officers, shareholders, employees, agents and Section 6.11 is intended to benefit the Releaseesother representatives.
Appears in 1 contract
Third Party Beneficiary Rights. No Except for Section 6.17, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
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Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between among the parties to this Agreement; except that . Each Holder shall be an intended third party beneficiary solely with regard to the provisions of Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees2.11(c).
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Third Party Beneficiary Rights. No None of the provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that (a) the provisions of Section 7.4 2.4 and Section 6.2(c) are intended to benefit the Effective Time Holders, (b) Section 8.4 is intended to benefit the employees specified therein, (c) Section 8.5 is intended to benefit the Company Indemnified Parties, and (d) Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
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Samples: Merger Agreement (Opsware Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Article Persons and ARTICLE 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
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Samples: Agreement and Plan of Merger (Covad Communications Group Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party Person other than a Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between among the parties Parties to this Agreement; , except that Section 7.4 8 is intended to benefit the Company NYDIG Indemnified Parties and Seller Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
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Samples: Asset Purchase Agreement (Greenidge Generation Holdings Inc.)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantstockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that (i) Section 7.4 6.7 is intended to benefit the Company officers and directors of Company, (ii) Section 11 is intended to benefit the Indemnified Parties, and (iii) Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesCompany Stockholders.
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Samples: Merger Agreement (Interwoven Inc)
Third Party Beneficiary Rights. No Other than the provisions of Section 6.8, which are intended to benefit the Company's directors and officers, and the provisions of Section 2.2.7 and Article 11, which provide the Representative with certain rights specified therein and are intended to benefit the Representative, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein andperson, except as so provided, and all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
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Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, shareholder or stockholder or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that (i) Section 7.4 6.8 is intended to benefit the Company officers and directors of Company, (ii) Article 11 is intended to benefit the Indemnified Parties, and (iii) Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesCompany Shareholders.
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Samples: Merger Agreement (Interwoven Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article XI is intended to benefit the Buyer Indemnified Persons the Company Indemnified Parties, Article 12 Persons and Section 8.1 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseespersons described therein.
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Samples: Stock Purchase Agreement (Phoenix Technologies LTD)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder member, unitholder, equityholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Buyer Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
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Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Article 3 is intended to benefit the Effective Time Holders, Section 7.4 8.4 is intended to benefit the employees specified therein, Section 8.5 is intended to benefit the Company Indemnified Parties, Persons and Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
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Samples: Agreement and Plan of Reorganization (Magma Design Automation Inc)
Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between among the parties to this Agreement; except that . Each Holder shall be an intended third party beneficiary solely with regard to the provisions of Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees2.10(c).
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Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article IX is intended to benefit the Company Magma Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
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Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.
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Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 10 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
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Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 7 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.
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Samples: Membership Interest Purchase Agreement (Mips Technologies Inc)